I751 GOT DENIED, PLEASE I NEED YOUR HELP

[PhilLuv 43]

For a start what did they ask you to provide on the RFE?

[johnmicky 0]

PhilLuv

They gave me the option of changing to divorce waiver or keep it the same as joint filling and provide rfe. But the rfe was about current finanaces, insurance, etc. But we have separated and have no rfe apart from the once I provided them.

Edited May 28, 2017 by johnmicky

[towson15 15]

1 hour ago, johnmicky said:

PhilLuv

They gave me the option of changing to divorce waiver or keep it the same as joint filling and provide rfe. But the rfe was about current finanaces, insurance, etc. But we have separated and have no rfe apart from the once I provided them.

sorry to hear about your denial... the question is that what evidence you provided them at the initial submission of i-751, you may be deied due to lack of evidence and then not responding to RFE.....

 

[johnmicky 0]

towson15

I really didnt have enough evidence but I explained it in the letter.  But in the denied letter, it says that it got denied because I changed to waiver but my divorce is not finalized yet

Edited May 28, 2017 by johnmicky

[SmallTownPA 72]

 

14 hours ago, johnmicky said:

towson15

I really didnt have enough evidence but I explained it in the letter.  But in the denied letter, it says that it got denied because I changed to waiver but my divorce is not finalized yet

 

You need a final divorce decree.  The RFE gives you 87 days to provide one.  If you do not reply, the I-751 is denied becuase you did not qualify for a divorce waiver (you are seperated, not divorced).

 

Fear not!  You will have a lot of time to finish the divorce as you have not gotten a notice to appear in front of an immigration Judge.  Once you get THAT notice (and date) you need to have a lawyer go with you and explain to the the judge what happened - you could nor RFE the final divorce decree as it was still in process.  The lawyer will then ask the judge to switch to a divorce waiver and rule on the petition.  USUALLY things go well.

 

But the key is that you need a final divorce decree.  Work on that.

[tom_danny 2]

On 5/28/2017 at 12:15 AM, johnmicky said:

towson15

I really didnt have enough evidence but I explained it in the letter.  But in the denied letter, it says that it got denied because I changed to waiver but my divorce is not finalized yet

Read this: https://www.shihabimmigrationfirm.com/filing-the-i-751-petition-while-in-removal-proceedings.html

[Villanelle 4,122]

Johnmicky-

 

You NEED to refile to ensure your status. Right now you were denied but it has not yet been sent to immigration court. Sometimes they take a long time to send things to immigration court. Sometimes you resolve the problem before it gets to court too,

 

Right now you need to refile. You have status until the judge takes it from you but the judge can not adjudicate ROC petitions. they either send it back (with the divorce decree) or tell USCIS to approve the new petition. So you need a new 751 petition in the system to ensure your status.

 

You can contact an attny now or try to handle this on your own. What are you leaning towards? If you do it on your own file a new 751 and watch your mail for something from immigration court. If you get something before the divorce is done then an attny to go to court is a smart idea. If you have the divorce decree you can go to court on your own if you cant afford an attny.